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The Hateful and the Obscene

The Hateful and the Obscene
Author: L. W. Sumner
Publisher: University of Toronto Press
Total Pages: 292
Release: 2004-01-01
Genre: Philosophy
ISBN: 9780802080837

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In a series of landmark decisions since 1990, Canadian courts have shaped a distinctive approach to the regulation of obscenity, hate literature, and child pornography. Missing from the debate, however, has been any attempt to determine whether the legal status quo can be justified by reference to a framework of moral/political principles. The Hateful and the Obscene is intended to fill that gap. The Hateful and the Obscene is an interpretation of freedom of expression that combines serious philosophical thought with a focus on Canadian law, thus offering the breadth capable of dealing with both obscenity and hate literature


The Hateful and the Obscene

The Hateful and the Obscene
Author: Leonard W. Sumner
Publisher: University of Toronto Press
Total Pages:
Release: 2004-11-06
Genre: Philosophy
ISBN: 1442631554

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In a series of landmark decisions since 1990, Canadian courts have shaped a distinctive approach to the regulation of obscenity, hate literature, and child pornography. Missing from the debate, however, has been any attempt to determine whether the legal status quo can be justified by reference to a framework of moral/political principles. The Hateful and the Obscene is intended to fill that gap. L.W. Sumner brings philosophical depth and theoretical rigour to some of the most important and difficult questions concerning free expression. Building on a framework set out by J.S. Mill – that a legal restriction of expression is justified only when the expression in question is harmful to others and when the benefits of the restriction will exceed its costs – Sumner shows how the Canadian courts have replicated Mill's framework in their interpretation of the Canadian Charter of Rights and Freedoms. The Hateful and the Obscene is a compelling interpretation of freedom of expression that combines serious philosophical thought with a focus on Canadian law, thus maintaining the breadth to deal with both obscenity and hate literature.


Degradation

Degradation
Author: Kevin W Saunders
Publisher: NYU Press
Total Pages: 253
Release: 2011-01-10
Genre: Law
ISBN: 0814741452

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Throughout history obscenity has not really been about sex but about degradation. Sexual depictions have been suppressed when they were seen as lowering the status of humans, furthering our distance from the gods or God and moving us toward the animals. In the current era, when we recognize ourselves and both humans and animals, sexual depiction has lost some of its sting. Its degrading role has been replaced by hate speech that distances groups, whether based on race, ethnicity, gender, or sexual orientation, not only from God but from humanity to a subhuman level. In this original study of the relationship between obscenity and hate speech, First Amendment specialist Kevin W. Saunders traces the legal trajectory of degradation as it moved from sexual depiction to hateful speech. Looking closely at hate speech in several arenas, including racist, homophobic, and sexist speech in the workplace, classroom, and other real-life scenarios, Saunders posits that if hate speech is today’s conceptual equivalent of obscenity, then the body of law that dictated obscenity might shed some much-needed light on what may or may not qualify as punishable hate speech.


Lust on Trial

Lust on Trial
Author: Amy Werbel
Publisher: Columbia University Press
Total Pages: 589
Release: 2018-04-17
Genre: History
ISBN: 023154703X

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Anthony Comstock was America’s first professional censor. From 1873 to 1915, as Secretary of the New York Society for the Suppression of Vice, Comstock led a crusade against lasciviousness, salaciousness, and obscenity that resulted in the confiscation and incineration of more than three million pictures, postcards, and books he judged to be obscene. But as Amy Werbel shows in this rich cultural and social history, Comstock’s campaign to rid America of vice in fact led to greater acceptance of the materials he deemed objectionable, offering a revealing tale about the unintended consequences of censorship. In Lust on Trial, Werbel presents a colorful journey through Comstock’s career that doubles as a new history of post–Civil War America’s risqué visual and sexual culture. Born into a puritanical New England community, Anthony Comstock moved to New York in 1868 armed with his Christian faith and a burning desire to rid the city of vice. Werbel describes how Comstock’s raids shaped New York City and American culture through his obsession with the prevention of lust by means of censorship, and how his restrictions provided an impetus for the increased circulation and explicitness of “obscene” materials. By opposing women who preached sexual liberation and empowerment, suppressing contraceptives, and restricting artistic expression, Comstock drew the ire of civil liberties advocates, inspiring more open attitudes toward sexual and creative freedom and more sophisticated legal defenses. Drawing on material culture high and low, including numerous examples of the “obscenities” Comstock seized, Lust on Trial provides fresh insights into Comstock’s actions and motivations, the sexual habits of Americans during his era, and the complicated relationship between law and cultural change.


Obscene in the Extreme

Obscene in the Extreme
Author: Rick Wartzman
Publisher: Public Affairs
Total Pages: 320
Release: 2008
Genre: History
ISBN: 1586483315

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Describes how, after its publication in 1939 and then becoming the nation's best-selling book, a great conflict arose in Kern County, California, as a giant cotton grower and a determined librarian went head-to-head over the issue of censorship with public burnings of this masterpiece at center stage.


Ethical Issues: Perspectives for Canadians - Fourth Edition

Ethical Issues: Perspectives for Canadians - Fourth Edition
Author: Eldon Soifer
Publisher: Broadview Press
Total Pages: 740
Release: 2020-05-05
Genre: Social Science
ISBN: 177048714X

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Ethical Issues: Perspectives for Canadians is a collection of readings designed to introduce students to a number of important topics, including our obligations toward the environment, the treatment of non-human animals, abortion, assisted reproduction, end of life decision-making, freedom of expression, war, multiculturalism, and more. Readings have been carefully selected to represent a broad array of perspectives and arguments. Relevant legislation, court cases, and other non-philosophical works complement the writings of professional philosophers to provide students with multiple approaches to the issues. Brief introductions and discussion questions are provided for each reading, and a general introduction to the basic ethical theories is included.


Constitutional Law for a Changing America

Constitutional Law for a Changing America
Author: Lee Epstein
Publisher: CQ Press
Total Pages: 1036
Release: 2021-08-04
Genre: Political Science
ISBN: 1544391277

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Political factors influence judicial decisions. Arguments and input from lawyers and interest groups, shifting public opinion, and the ideological and behavioral inclinations of the justices collectively influence the development of constitutional doctrine. In Constitutional Law for a Changing America, bestselling authors Lee Epstein, Kevin T. McGuire, and Thomas G. Walker draw on both political science and legal studies to analyze and excerpt cases, accounting for recent landmark court decisions, including key opinions handed down through the 2020 term. Updated with additional material such as recent court rulings, more than 500 supplemental cases, and greater coverage of freedom of expression, this Eleventh Edition will develop students’ understanding of how the U.S. Constitution protects civil rights and liberties. Included with this text The online resources for your text are available via the password-protected Instructor Resource Site.


The Oxford Handbook of Freedom of Speech

The Oxford Handbook of Freedom of Speech
Author: Adrienne Stone
Publisher: Oxford University Press
Total Pages: 704
Release: 2021-01-26
Genre: Law
ISBN: 0192562622

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Freedom of speech is central to the liberal democratic tradition. It touches on every aspect of our social and political system and receives explicit and implicit protection in every modern democratic constitution. It is frequently referred to in public discourse and has inspired a wealth of legal and philosophical literature. The liberty to speak freely is often questioned; what is the relationship between this freedom and other rights and values, how far does this freedom extend, and how is it applied to contemporary challenges? The Oxford Handbook on Freedom of Speech seeks to answer these and other pressing questions. It provides a critical analysis of the foundations, rationales, and ideas that underpin freedom of speech as a political idea, and as a principle of positive constitutional law. In doing so, it examines freedom of speech in a variety of national and supra-national settings from an international perspective. Compiled by a team of renowned experts in the field, this handbook features original essays by leading scholars and theorists exploring the history, legal framework and controversies surrounding this tennet of the democratic constitution.


The Cost of Free Speech

The Cost of Free Speech
Author: A. Levin
Publisher: Springer
Total Pages: 213
Release: 2010-09-29
Genre: Philosophy
ISBN: 0230293964

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The distinctly contemporary proliferation of pornography and hate speech poses a challenge to liberalism's traditional ideal of a 'marketplace of ideas' facilitated by state neutrality about the content of speech. This new study argues that the liberal state ought to depart from neutrality to meet this challenge.


Arrival

Arrival
Author: Nick Mount
Publisher: House of Anansi
Total Pages: 448
Release: 2017-09-02
Genre: Biography & Autobiography
ISBN: 1770892222

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“The most important book to be written in more than 40 years about the rise of Canadian literature... Arrival: The Story of CanLit brims and crackles, in equal measure, with information and energy.” — Winnipeg Free Press A Globe and Mail Top 100 Book National Post 99 Best Books of the Year In the mid-twentieth century, Canadian literature transformed from a largely ignored trickle of books into an enormous cultural phenomenon that produced Margaret Atwood, Alice Munro, Michael Ondaatje, Mordecai Richler, and so many others. In Arrival, acclaimed writer and critic Nick Mount answers the question: What caused the CanLit Boom? Written with wit and panache, Arrival tells the story of Canada’s literary awakening. Interwoven with Mount’s vivid tale are enlightening mini-biographies of the people who made it happen, from superstars Leonard Cohen and Marie-Claire Blais to lesser-known lights like the troubled and impassioned Harold Sonny Ladoo. The full range of Canada’s literary boom is here: the underground exploits of the blew ointment and Tish gangs; revolutionary critical forays by highbrow academics; the blunt-force trauma of our plain-spoken backwoods poetry; and the urgent political writing that erupted from the turmoil in Quebec. Originally published to coincide with the 150th anniversary of Canadian Confederation, Arrival is a dazzling, variegated, and inspired piece of writing that helps explain how we got from there to here.